Manohar Lal Constable vs State of Punjab

S. S. Grewal, J. (Oral)

Petitioner Manohar Lal who is a police constable was convicted under Section 451 of the Indian Penal Code and was sentenced to undergo

rigorous imprisonment for one year and to pay a fine of Rs. 500/ vide order of Additional Chief Judicial Magistrate, Faridkot, dated 31.3.1993. In

default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. The petitioner was also convicted under

Section 506 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years. The appeal against the order of

conviction and sentence passed by the trial Court was dismissed except that the sentence of imprisonment awarded under Section 451 of the

Indian Penal Code was reduced from rigorous imprisonment for one year to rigorous imprisonment for six months whereas the sentence of

imprisonment passed under section 506 of the Indian Penal Code was reduced from rigorous imprisonment for two years to rigorous imprisonment

for six months vide order of Sessions Judge Faridkot dated 1.10.1993. Both the Courts below, however, ordered the substantive sentence of

imprisonment awarded to the petitioner to run concurrently.

Aggrieved against the orders of conviction and sentence passed by the courts below, the petitioner has filed the present revision petition in which

notice was only issued qua sentence awarded to the petitioner and whether benefit of Probation of Offenders Act can be granted to him or not.

In brief facts of the prosecution case are that on 23rd August, 1990 at about 7 P.M. the petitioner committed trespass in the house of Jasbir

Kaur member Panchayat. At that time two daughters of Jasbir Kaur namely Balwinder Kaur and Bakshish Kaur were also present there. The

petitioner was stated to be in a drunken condition. He threatened Jasbir Kaur and her daughters that he had a revolver with him and they should

hand over all the valuables they have otherwise they would be shot dead. Jasbir Kaur and her daughters raised alarm which attracted Kulwant

Singh PW. Meanwhile Kashmir Singh Shabegh Singh and Harjit Singh etc. were also attracted to the spot. The petitioner tried to run away but he

was surrounded in the nearby fields. Jasbir Kaur and others gave shoe beating to the petitioner. The petitioner was then taken to Medical College

and Hospital Faridkot where he was medically examined and later on arrested. After completion of the investigation, the petitioner was challenged,

tried, convicted and sentenced as stated earlier.

The learned counsel for the parties were heard.

On behalf of the petitioner it was mainly submitted that there are no allegations against the petitioner that he fired from his revolver at any time

and that even the revolver was not recovered from him. It was further submitted that the petitioner is a first offender and not a previous convict and

that he has to support his family including two sisters of marriageable age.

Taking into consideration the over all circumstances of the case, age, antecedents and the fact that the petitioner has to support his family

including two sisters of marriageable age, he is directed to be released on probation of good conduct under Section 4(1) of the Probation of

Offenders Act for a period of two years subject to his furnishing personal bond in the sum of Rs. 5000/ with one surety in the like amount to the

satisfaction of the trial Court. The petitioner shall undertake to keep peace, be of good behaviour and to appear before the trial Court as and when

called upon to receive sentence during the aforesaid period of Probation.

The sentence of fine imposed by the trial Court is set aside in view of the authority of the Apex Court in Ishar Dass v. State of Punjab, AIR

1972 SC 1293.

Except with this modification. I do not find any merit in this petition and the same is hereby dismissed.